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LEGRAND v. WEBER

No. 26907.

855 N.W.2d 121 (2014)

2014 S.D. 71

John LEGRAND, Petitioner and Appellant, v. Douglas WEBER, Warden, South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided October 1, 2014.

Attorney(s) appearing for the Case

Jeff Larson , Sioux Falls, SD, for petitioner.

Marty J. Jackley , Attorney General, Kirsten E. Jasper , Assistant Attorney General, Pierre, SD, for respondent and appellee.

WILBUR, Justice.

[¶ 1.] John LeGrand, serving a 40-year sentence for a conviction of first-degree manslaughter, appeals the habeas court's judgment and order denying his application for a writ of habeas corpus. LeGrand claims that (1) his guilty plea was constitutionally deficient; (2) he was denied due process of law and his right to a jury trial when the circuit court denied his motion to withdraw his guilty plea; and (3) he was

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